What is the test for an amended complaint in a motor vehicle accident case?

California, United States of America


The following excerpt is from Caravayo v. James, C065245, Super. Ct. No. 45197 (Cal. App. 2012):

Apart from duty, the first amended complaint is also infirm with respect to causation. "A plaintiff 'must allege a causal connection between the negligence . . . and the injury he suffered. Ordinarily that is accomplished by implication from the juxtaposition of the allegations of wrongful conduct and harm. [Citation.] However, where the pleaded facts of negligence and injury do not naturally give rise to an inference of causation the plaintiff must plead specific facts affording an inference the one caused the others.' [Citation.]" (Christensen v. Superior Court (1991) 54 Cal.3d 868, 900-901.)

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